LICENSE, TERMS, CONDITIONS AND NON-DISCLOSURE & AGREEMENT FOR THE USE OF THIS SOFTWARE WRITTEN & DEVELOPED BY: DESIGNER SOFTWARE (JOHAN DE KLERK) 

1. Use of the software constitutes acceptance of the terms & conditions of the licence agreement below or as ammended. 

2. Designer Software - J.de Klerk, P.o. Box 2919, Rustenburg, 0300 (the licenser) grants the user/purchaser (the licensee) a non-exclusive licence to use the software & supporting documentation on one single computer system/network owned or rented by the licensee at one physical address. The system are restricted to the original installation address. 

3. Title to use the software, if paid up in full, is transferred to the licensee, but not title to the software, which is expressly protected by copyright law, which source and copyright remains at all times with the licenser, together with all copies made of the software. 

4. In concideration of this, the licensee undertakes not to allow the software to be re-produced, transmitted, transcribed, stored in a retrieval system, or translated into any language or computer language, in any form or by any means etc: electronic, mechanical, magnetic, photographic, xero-graphic, chemical, manually or otherwise, with the sole exception of copies required for backup purposes, on the condition that the location of such copies shall be disclosed to the licenser or his agent/s on request. 

5. The licensee further undertakes not to use the software at multiple sites except the original installation site. Any such copies are deemed by this agreement to be an infringement of the licensers copyright. The licensee also expressly agrees that unauthorised copying and/or disclosure of the product to parties (as defined by section (2)-(4)), will cause the licenser damage and/or financial loss far in excess of the value of such copies in which case the licensee and the person's on who's systems the software is found will be liable for legal cost's and losses incurred by the licenser. With the exception if such an licence was granted by the licenser.

6. The licenser firmly believes it's software to be of the highest quality and have attempted to make the product easy to use and error/bug free. However the software is supplied on an AS IS basis and the user/licensee assumes all risks in using the software. 

7. The licenser shall therefore incur no responsibility to the licensee or to any other person or entity with respect to any liability, loss or damage caused or alleged to have been caused including, but not limited to, any interruption of service, loss of business, anticipatory profits or consequential damages resulting directly or indirectly from the use of the software. 

8. Your monthly fee is compulsary and should reach us before the 20th of each month else your software will stop/terminate with no further access granted until all amounts in arrears has been paid in full. A re-activation fee might be charged. 

9. If this software is not licensed, is an illegal copy or tampering has been detected to the software/data files, total destruction of data and/or files to this and/or any software located on the drive being used and/or all drives located on/connected to the computer/server/terminal/equipment may commence. 

10.The licensee shall advance the computer system date & time in the correct calendar & time order to ensure the correct working of the software. 

11.This agreement shall inure to the benefit of any third party holding any right, title or interest in the software, if transferred by the licenser.

12.This licence agreement/conditions shall also apply when title to the software has been/or is transferred by us to any person/s, entity or any other company or appointed agent/s. 

13.The licenser undertakes, if the licensee has paid the software in full and all other monies is paid up, to update the licensee as needed, via modem. 

14.Monthly fees will be increased once a year by a percentage/amount, decided by the licencer. 

15.If the software is not fully paid-up, or any other fees, is in arrears the licenser reserves the right to terminate the program at any stage. 

16.The licenser reserves the right to terminate a licensees program and access to the server/program at any stage. If a licensee has paid his/her monthly fee and the program/access are terminated by us, the licensee will not be entitled to any refund or credit for any such amounts already paid.  

17.By using this program the licensee agrees that all the information in the "Problem/Customer Database" list becomes the property of the licenser. 

18.Should the program/access to the program/server be terminated by the licenser, the licenser reserves the right to keep on using/distributing the said licensees names to other customers. 

19.Once such names/details have been transferred to the server it becomes the property of the licenser. 

20.No licensee will be allowed, have the right, to add comments to any client of any nature, except in the provided message field. Steps will be taken against such licensees. The licensee will be charged a fee, decided on by the licenser, to remove such comments. If the fee are not paid on demand, all access to the server/program may be terminated at any time. 

21.By using this program the licensee agrees that he/she will add all his/her customer names to the "Problem/Customer" list, either by manually adding them to the "Problem/Customer" section or by adding them to the "Clients Database", to automatically transfer them to the "LoanInfo Server". 

22.The licensee agrees not to "PROBLEM" mark all his/her customers but only those that must be marked "PROBLEM". Should it be found that a licensee "PROBLEM" marks all his/her customers that should not be "PROBLEM" marked, the licenser reserves the right to terminate the licensees program/access. 

23.The licenser will ensure, to his best ability, that the licensee receives continious support/service. Except in the case of termination.

24.This software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

25.By using this software, you do not acquire ownership of any intellectual property rights in the software, nor of any disk(s) or other tangible embodiments of the software; all ownership rights remain with the licenser (or to any person, entity, agents or to who ever ownership has been passed to by the licenser, if applicable).

26.You may not decompile, disassemble, or otherwise reverse-engineer the software, data files, any other files/programs relating to or used by the software, nor permit anyone else to do so, without the licensers written consent. 

27.Once your software/program has been cancelled/stopped it will be your responsibility to remove all software, data files, any other files/   programs relating to or used by the software from your computer system and destroy any backups made of any such software/programs, data files, any other files, programs relating to or used by the software, within 3 days.

28.You are not allowed or will not allow anybody to extract information from any data files/programs relating to or used by the software for any purposes. 

29.You are not allowed or will not allow anybody to give out information about the program and/or customer/problem customer names to anybody that are not a registered user of the Loan-Info program. Check the Company List first. 

30.Should you not have paid your PC ANYWHERE site license fee the licenser reserves the right to terminate your software at any time without notice. 

31.Once your program/software has been terminated/stopped the site license for PC ANYWHERE will automatically be transfered back to the licenser. You will not be entitled to any re-embursement or credit for any fees/amounts already paid. The PC ANYWHERE site licence is only for you to use on the Loan-Info system or any other system owned by the licensee. The PC-Anywhere site license will never become the property of the licensee/user. You will not be entitled to use it anymore once you software has been terminated. 

32.Should you be involved or alleged to be involved or has been involved in any crimanal activities the licencer reserves the right to terminate/stop your program/software at any time without notice. You will not be entitled to any re-embursement or credit on any fees/amounts already paid. 

33.Should you be sequestrated/has applied for sequestration or there is a request from anybody for your sequestration the licencer reserves the right to stop/terminate your progrram/software at any time without notice. You will not be entitled to any re-embursement or credit on any fees/amounts already paid. 

34.The Death Benefit Policy section will only be available once you have signed a contract with the relevant company. 

35.The licencer reserves the right to change/amend this licence agreement at any stage without the consent or written notice to the licensee. The new changed/amended license agreement will however be transfered to the licensees system for him/her to read the new license agreement. 

36.Please note that all the features in the software has been requested by customers and might not be 100% correct for you in some ways. You must make sure that when you want to use a feature, contract, form or report in the software that you are happy with the results before using it. The licenser has tried to make everything as legal as possible but bugs might be present in the software which the licenser don't know about. The licenser accept no responsibility whatsoever for anything that goes wrong. 

37.By using this program and/or the features and/or the options the licensee indemnifies the licenser from any action/responsibility of whatever nature. 

Date Last Changed/Amended : 25-05-2000